MEENAL ENTERPRISE Vs. RAJAT COLLECTION

JUDGEMENT

(1.) By this application under Sec. 482 of the Code Criminal Procedure the applicant Meenal Enterprises through Anand Panjwani has challenged the order dated 13.1.2010 passed by the VIIIth Additional District Judge (Fast Track), Ujjain in Criminal Case No. 338 of 2009 rejecting the application of the applicant to summon the price list of the Bata Company for the year 2005.

(2.) Brief facts of the prosecution case are that the respondent complainant had filed a complaint for offence under Sec. 138 of the Negotiable Instruments Act against the present applicant and it was the defence of the applicant that the applicant had stopped the payment because the money demanded was not in accordance with the contract. Counsel for the applicant has stated that it was agreed between the parties that the price for the footwear purchased was to be 50% of the M.R.P. of the Bata shoe company since the footwear has been purchased at wholesale rate and the applicant has disputed the price list. The Trial Court had held in its finding that the said M.R.P. list was not required under these circumstances. The documents Ex.P/18 and P/19 clearly indicated that the actual price, quality and name of the footwear would be sufficient to compute the 50% amount as required.

(3.) Being aggrieved, the applicant has filed a revision petition before the Revisional Court and the Revisional Court had upheld the finding of the Trial Court and stated that the said price list was not required. And that the respondent had provided all the documents that were in their custody and directed the proceeding against the applicant. Being aggrieved, the present applicant has filed the present application.